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Detecting whether or not a check has funds is a complicated task, since there is no way to know until you go to a bank branch to cash it or deposit it to an account.

Do you know what to do in case your check is “bounced” at the teller window for not having funds? Then stay tuned because this article will address that issue.


First, what is a bad check?

There are often cases where, when the bearer goes to a bank branch to cash or deposit the amount of a check, it does not go through because the account does not have sufficient funds to support the amount. This is when we speak of a bad check.

Now, why would a check not have funds? There may be several reasons: perhaps an oversight because the account holder wrote the wrong check, or wrote it without having received a payment or without having calculated whether the funds in the account could cover the amount of the check.

What to do in these cases?

The ideal is always to anticipate and prevent this situation from occurring. To do this, we suggest you first ask the check issuer the date from which it will be possible to cash the check, as well as the deadline for doing so. This will save you from wasting time by going to the bank unsuccessfully, while the issuer saves the bank monetary penalties it may charge for an unsuccessful transaction.

However, if you have already tried to cash the check without success, the first thing to do is to contact the person who issued the check, calmly explain the situation and ask for a solution, whether it is the issuance of another check or payment in cash, by deposit or electronic transfer.

Legal action as a last resort

When the issuer insists on delivering bad checks or refuses to make payment by other means, the last resort is to resort to the courts, since we could be facing a situation of fraud. Here, the option is to file a commercial lawsuit, which may be filed before a small claims judge, civil judge or district judge, depending on the amount owed.

If you win the lawsuit, the defrauder will be obligated to pay you the amount of the debt, plus an additional 20 percent for damages, in addition to covering the percentage corresponding to legal expenses.


LEX & CO is here to serve you

If you have been a victim of fraud and you have decided to sue, count on LEX & CO tax law firm, we are experts in foreclosure, claim action and bond collection. With more than 30 years of experience, our team of banking law attorneys will provide you with the legal assistance you need. Contact us by phone at 55 6840 1076, by email at firma.lex.co@gmail.com or through our contact form or WhatsApp. We will be glad to assist you.

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